Lian Skaf | White and Williams The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While… Continue reading Texas Allows Wide Scope for Certificate of Merit
Category: Construction Law
The Importance of Staying Organized for Discovery
Karl F. Oles and Heidi L. VanderWel | Stoel Rives Most companies, hopefully, have a low risk of litigation. However, when litigation is unavoidable, it is important to be as prepared as possible to mitigate expenses and potential liability. Discovery—the process of exchanging relevant information for a case—is an integral part of the litigation process.… Continue reading The Importance of Staying Organized for Discovery
Washington Revises Rules for Remote Depositions
Esquire Deposition Solutions The Washington Supreme Court recently approved significant revisions to that state’s procedural rules on remote depositions. Revised Rule 30 of the Washington Civil Rules will now allow remote depositions to be noticed without leave of court, subject to a very short time window for filing objections. The new rules also contain detailed restrictions on… Continue reading Washington Revises Rules for Remote Depositions
Planting the Seeds of Accountability for Spoliation Sanctions
Rob Adler | Kilpatrick Townsend & Stockton When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The same facts and circumstances could yield vastly different outcomes depending on the… Continue reading Planting the Seeds of Accountability for Spoliation Sanctions
Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)
John Mark Goodman and J. David Pugh | BuildSmart It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am from, always includes certain core dishes:… Continue reading Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)